Adjudicator breached principles of natural justice

In Premier Modular Ltd v Maidstone and Tunbridge Wells NHS Trust [2026] EWHC 1404 (TCC) Mr Adrian Williamson KC, sitting as a Deputy Judge of the High Court, held that the claimant was not entitled to enforce the decision of an adjudicator because the adjudicator had breached the principles of natural justice in reaching his decision. The adjudicator had reached his decision on a basis which had not been advanced by either party and he had not given them the opportunity to comment on his proposed approach to deciding the case. In doing so the adjudicator was held to have gone on a "frolic" of his own in that he had "invented" a case for the claimant which he considered was "superior" to the case which the claimant had advanced. He had therefore breached the principles of natural justice and the claimant was not entitled to enforce his decision.